Employment Law Update, 2021 Edition
Employment Law Update, 2021 Edition analyzes recent developments of interest to employment law practitioners representing plaintiffs, defendants, and labor unions. It comprehensively covers recent developments and case law in the rapidly changing employment and labor law field.
Comprised of 8 chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2021 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution.
Highlights of coverage in this 2021 Edition include:
- In Chapter 1, Professor Perritt analyzes recent developments in the battle over the legal treatment of gig workers such as Uber and Lyft drivers. The chapter reports on litigation in California over enactment of A.B. 5, the adoption by the California voters of a ballot initiative that exempts Uber and Lyft drivers from A.B. 5, and a U.S. Department of Labor notice of proposed rulemaking that would clarify the status of gig workers as independent contractors under the Fair Labor Standards Act.
- In Chapter 2, Benjamin Panter analyzes the impact on executive compensation of diminished profitability resulting from the COVID-19 crisis and from social justice campaigns targeting high compensation for senior executives. He explores how firms have grappled with these issues when it comes to motivating and retaining key employees
- In Chapter 3, Professor Perritt analyzes the National Labor Relations Board's recent decision in General Motors LLC and Charles Robinson. In that case, the board limited section 7 protection for abusive insubordination in the workplace.
- In Chapter 4, Sean Ashworth explores the legal issues that arise when employers monitor employee activity in the workplace and outside it. Such monitoring has intensified with the tendency to work from home during the COVID-19 crisis. He considers email and Internet activity surveillance, webcams, geolocation services, and review of social media.
- In Chapter 5, Professor Perritt explain how the Public Policy Tort theory for wrongful dismissal can be adapted to cover likely disputes over employment in the COVID-19 context.
- In Chapter 6, Donald Dowling advises counsel on conducting global compliance audits, giving special attention to such audits as a part of due diligence in a cross-border merger. He explains that firms must balance the normal tendency to standardize human resources policies and procedures, firm-wide, with the need to comply with local laws. He explains that audits are an essential part of enforcing policies that otherwise might become dead letters.
- In Chapter 7, Chad DeGroot and Andrew Goldberg evaluate the Supreme Court's recent decision in Thole v. U.S. Bank. N.A. They explain how the case will limit standing of employee benefit plan participants and beneficiaries to bring claims for breaches of fiduciary duty, in situations in which where they previously would have had standing
- In Chapter 8, Donald Dowling advises counsel on how to craft global social media policies that protect employers from backlash from Black Lives Matter, #Metoo, and other globalizing social justice movements. He gives examples of employers’ need to wrest some measure of control over employee social media postings that might implicate, even if just by association, the business, the workforce or the brand.
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|Product Line||Wolters Kluwer Legal & Regulatory U.S.|
- Chapter 1 GIG-WORK DEVELOPMENTS by Henry H. Perritt, Jr.
- Chapter 2 EXECUTIVE COMPENSATION: LESSONS FROM 2020 by Benjamin Panter
- Chapter 3 DISRUPTIVE CONDUCT UNDER SECTION 7 OF THE NATIONAL LABOR ACT by Henry H. Perritt, Jr.
- Chapter 4 EMPLOYEE MONITORING IN A POST-PANDEMIC WORLD: EXPECTATIONS OF PRIVACY IN THE DIGITAL WORKPLACE by Sean Michael Ashworth
- Chapter 5 COVID-19 AND THE PUBLIC POLICY TORT by Henry H. Perritt, Jr.
- Chapter 6 HOW TO CONDUCT A GLOBAL EMPLOYMENT COMPLIANCE AUDIT—AND HOW TO MANAGE CROSS-BORDER EMPLOYMENT DUE DILIGENCE IN A MERGER OR ACQUISITION by Donald C. Dowling Jr.
- Chapter 7 SUPREME COURT VIRTUALLY ELIMINATES DEFINED BENEFIT PLAN PARTICIPANTS’ AND BENEFICIARIES’ RIGHT TO SUE UNDER ERISA FOR BREACH OF FIDUCIARY DUTY by Chad DeGroot, Esq. and Andrew Goldberg, Esq.
- Chapter 8 HOW A MULTINATIONAL EMPLOYER CAN CRAFT A GLOBAL SOCIAL MEDIA POLICY FOR THIS ERA OF BLACK LIVES MATTER, #METOO, AND OTHER GLOBALIZING SOCIAL JUSTICE MOVEMENTS by Donald C. Dowling, Jr.